Legal Question in Military Law in Illinois

Deserter and civilian charges

SON WAS AWOL PICKED UP ON CIVILIAN CHARGES ON THE 31ST DAY. NO WARRANT WAS OUT BUT SHIP SAID DECLARED DESERTER ON 30TH DAY. nAVY HAS HOLD OD SON IN JAIL THEY WILL NOT ALLOW US TO BOND HIM OUT. iS THER ANYWAY AROUND THIS ALSO DOES HIS SPEEDY TRAIL DAYS BEGIN WITH THE NAVY.


Asked on 4/04/03, 8:09 am

2 Answers from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Re: Deserter and civilian charges

There is no monetary bond in the military. Given his desertion, it is likely that at an IRO (Initial Review Officer) would find that he is a flight risk, and will have to stay in the Pre-Trial Confinement Facility, or a Navy Brig. His other option, if not found to be a flight risk, is a stay at a transient barracks where there is close monitoring of his presence. In my experience, neither is pleasant. Note that an IRO or Magistrate Hearing, per statute, must be held within a certain number of days after your son's return to military custody.

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Answered on 4/07/03, 11:30 am
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Deserter and civilian charges

There is no bond in milatary law. The best that you can hope for is that your son will be given a quick hearing with minimum penalty. If I can be of any assistance, please let me know. Gerald Hershenson Esq. 215-579-9390

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Answered on 4/04/03, 8:40 am


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